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SPONSORING A SEMINAR . ~~~ COllEG E OF lAW Florida i Fim Law SchDO~ AGREEMENT AGREEMENT made this 2r day of ,-o/I27-C , 2006, by and between STETSON UNIVERSITY COLLEGE OF LAW (Stetson) and the individual members oftbe TAMPA BAY FAIR HOUSING CONSORTIUM ("the Consortium"), which, for the purposes of this AGREEMENT, consists ofthe following organizations: the PinelIas County OHR; City of St. Petersburg, Dept. of Community Affairs & Dept. of Community Development; the City of Clearwater; Gulf Coast Legal Services; Boley Centers; Hillsborough County OED; Bay Area Legal Services; the City of Tampa; the City of Largo; and the Bay Area Apartment Association~ WHEREAS, Stetson and the Consortium desire to join together for the limited purpose of sponsoring a seminar on Friday, April 21, 2006 at Stetson's Tampa Law Center in Tampa, Florida for persons interested in a seminar on Fair Housing issues ("the Seminar"); and WHEREAS, "the parties have agreed to share ~ responsibilities of management, the payment of expenses, and the sharing of any funds collected in excess of the expenses of such a seminar as outlined herein; and WHEREAS, the parties desire to reduce their agreement 10 writing; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties do hereby agree as follows: 1. This Agreement shall be valid upon execution by both parties, and shall continue until the Seminar, and all administrative and follow-up matters related thereto, have been completed. 2~ The parties have agreed on the basic elements and dates of the Seminar, and agree that Stetson and the Consortium will share responsibilities related to the administration of the Seminar. a. Stetson agrees to apply for CE credits, create and send (via mail and e-mail) marketing and advertising pieces to a mutually agreed upon and assembled contact list, post information about the Seminar on its Web site, collect and process all registrations for the Seminar, facilitate an optional Web cast of the Seminar, audio and video record the Seminar, seek marketing opportunities with legal organizations, make payments for approved expenses associated with the Seminar, provide an accounting for the Seminar, correspond with the facility staff for foom set-ups and audio visual specifications, arrange for the meals & refreshments, and provide on-site staff on April 21, 2006. 1 b.. The Consortium agrees to set the agenda with speaker list and to send marketing & advertising pieces to potential groups or organizations which may wish to sponsor or attend the Seminar~ c. The parties will share in the responsibility of speaker correspondence & coordination/planning. The parties agree that each will cooperate in all reasonable means to promote, advertise, and market the Seminar, and will make its staff: members, and resources available for such promotion, advertising and marketing. d. The Consortium agrees to seek sponsors to help cover the costs of the Seminar~ Both parties will work together to develop a potential sponsor list.. 3 ~ Each party agrees that .it shall not undertake or assist any other person or groups in the creation, sponsoring or production of another seminar held within one month of the date of the Seminar, which shall cover a substantially similar topic.. The April 22, 2006 Seminar on Disaster Relief is not a conflicting seminar for purposes of this subsection~ 4. Stetson shall maintain the accounting and bookkeeping records of the Seminar, subject to review by the Consortium upon request.. Stetson shall receive invoices and other charges for Seminar expenses. Payment of expenses will first come from any revenue generated by the Seminar. If the Seminar revenues are not sufficient to cover all expenses, Stetson shall bill the Consortium members for their proportionate share thereof (equal, in total, to 50%), which the Consortium members agree to pay upon receipt. At the conclusion of the Seminar, Stetson shall first determine that all expenses properly charged to the Seminar have been paid, and shall then distribute any remaining funds to the parties in their proportionate shares as follows: Stetson: 50% The Consortium: 50% (divided among the members proportionately) 5. All costs of the Seminar location, advertising and promotion, Seminar materials, food/refreshments at the Seminar, along with an administrative fee of$35 per registration (including WEBCAST registrations) and other expenses related to the operation or production of the Seminar shall be proper Seminar expenses; provided, however that any stipends or other expenses related to staff of either of the parties shall not be proper Seminar expenses, and shall be paid solely by the party approving the stipend or expense. If either party shall have a question concerning any unusual expense or expense other than those set forth herein, the same shall not be charged to the Seminar without the prior consent of the signatories hereto. a. The parties have mutually agreed to charge attendees for the cost of the lunch ($20), should attendees elect to have a lunch, otherwise there is no cost for attendance to the Seminar. The revenue generated from and expenses related to the lunch are considered part of the revenue and expense of the Seminar. b~ The parties have mutually agreed to limit WEBCAST viewing to the first fifty (50) registrations~ 2 6.. The parties shall also agree that if there are not enough sponsorship funds collected to cover direct expenses for the Seminar within three weeks of the agreed upon Seminar date, the parties may mutually agree to cancel the Seminar for the purpose of minimizing losses. Upon cancellation, all reasonable expenses incurred as a result of the Seminar planning up to the date of cancellation, and any expenses incurred as a result of canceling will be paid by the Consortium members in their proportionate share, including an administrative fee of $35 per registration processed. Additionally, if one or more of the parties decides to withdraw their participation, the other parties retains the right to go forward with producing the Seminar either on their own, or with another organization.. If one or more of the parties goes forward on their own or with another party, they will be responsible for any expenses incurred as a result of going fonvard with the Seminar (including such items as speaker travel expenses, seminar meals, etc..) 7. The parties agree that Stetson and the Consortium shall retain mutual rights to use, publish, display, reproduce, and distribute copies of the Seminar materials (not including the materials developed by Fair Housing Accessibility FIRST ), including materials in written, audio, video, or other media formats. Stetson shall retain the sole right for sales of the Seminar materials, including audio and video materials, to attorneys for CLE credit. Stetson and the Consortium also retain mutual rights to use, publish, display, distribute, and/or reproduce in any manner video/ recorded voice/and/or photographs of the Seminar and of the Seminar participants, including the right to edit or use a portion of such video! recorded voice/ photographs for educational purposes and/or for display on the Web. Stetson agrees to pay all expenses and retain any funds collected related to the transactions referenced in this paragraph, including providing one master copy of the Seminar video and/or audio to the Consortium. 8. In the event any of the signatories shall default in the performance of any duty that may be required herein, the other parties may terminate this Agreement by giving written notice of such termination to the other parties.. The written notice must be given at least 30 days prior to the Seminar and must be delivered by certified mail to the following addresses: for Stetson- Stetson University College of Law, Office for CLE, 1700 North Tampa Street, Tampa, FL; for the members of the Consortium - Pinellas County Office of Human Rights, Attn: Leon Russell, 400 S. Ft.. Harrison Ave, 5th Floor, Clearwater, FL 33756. The non-defaulting parties shall have the option of continuing the Seminar alone, or may proceed with any other right or remedy permitted by law. 9~ In the event the parties shall not agree to matters of management or operation of the Seminar, and they cannot arrive at a suitable settlement of their dispute, then the matt~r shall first be referred to mediation with a Florida certified mediator upon demand of one of the signatories~ 10. Notwithstanding any of the above, the individual combined expenses incurred by members of the Consortium shall not exceed $15,000. 11. This Agreement shall be construed under the laws of the State ofFlorid~ and may not be amended or modified, except by a written instrument signed by the parties. The rights and obligations under this Agreement are personal to the parties hereto, and no party may assign its 3 , ~ interest herein without the prior written consent of the other parties~ IN WITNESS WHEREOF, the parties have caused these presents to be executed by their authorized agents the date and year first above written~ COLLEGE OF LAW ~~ Print Name: ~K ,82tW#- Title:E~/'ri~ 4}1/Z7L?~ I By: TAMPA BAY FAm. HOUSING CONSORTIUM Menlher ORGANIZATION: City of Clearwater, Florida By: ~~6. ~JI. Print Name: william B. Horne, II TitI e: city Manager 4 .-:' interest herein without the prior written consent of the other parties. IN WITNESS WHEREOF, the parties have caused these presents to be executed by their authorized agents the date and year first above written. STETSON UNIVERSITY COLLEGE OF LAW By: Print Name: Title: TAMPA BAY FAIR HOUSING CONSORTIUM Member ORGANIZATION: city of Clearwater By: william B~ . PrintName:~ ~-:n: Title: (' i 1- Y . M i'l n i'l q e r attest: Goudeau